A commentary on insurance coverage issues in Hawaii and beyond
The Seventh Circuit affirmed the district court’s decision that coverage for cyber coverage was precluded by an exclusion. Office of the Special Deputy Receiver v. Hartford Fire Ins. Co., 2026 U.S. App. LEXIS 17778 (7th Cir. June 18, 2026).
The Office of Special Deputy Receiver (OSD) was an Illinois corporation that administered estates for…
The Michigan Court of Appeals found the insured was not covered for water damage because the commercial space was left vacant. Cherry Hill Recreation Center, Inc. v. Conifer Ins Co., 2026 Mich, App. LEXIS 5099 (Mich Ct. App. June 18, 2026).
Alan Abbas purchased a bowling alley. Due to the onset of the COVID-19…
The Appellate Division, Supreme Court of New York, affirmed the lower court’s grant of summary judgment determining that the insurer could not challenge the judgment in the underlying case after refusing to defend the insured. Shattuck v Dryden Mut. Ins. Co., 2026 N.Y. App. Div. LEXIS 3789 (N.Y. App. Div. June 5, 2026).
The…
The court granted summary judgment to the insurer, finding it had no duty to indemnify the additional insured nor to continue its defense of the additional insured. W. Bend Mut. Ins. Co. v. Budrovich Indoor Training I, LLC, 2026 U.S. Dist. LEXIS 133776 (E.D. Mo. June 16, 2026).
Budrovich Indoor Training leased to tenants…
The employee of the insured company could not pursue breach of contract and bad faith claims against his employer’s insurer after being injured by an uninsured motorist. Travelers Prop. Cas. Co. of Am. v. Kelly, 2026 U.S. Dist. LEXIS 134948 (D. S.C. June 15, 2026).
Kelly was an employee of Kale’s Truck and Heavy…
The federal district court granted the insurer’s motion for judgment on the pleadings after determining that the insured’s claims for bad faith and unfair claims settlement practices were insufficiently pled. Navia v. State Farm Fire & Cas. Co., 2026 U.S. Dist. LEXIS 111261 (W.D. N. C. May 20, 2026).
The insured submitted a claim…
The Third Circuit affirmed the district court’s granting of summary judgment to the insurer when the insured submitted replacement cost value of the loss but did not include a determination of depreciation. Kimmel v. Massachusetts Bay Ins. Co., 2026 U.S. App. LEXIS 16569 (3d Cir. June 9, 2026).
A lightning strike downed a tree…
The federal district court granted the insurer’s motion for summary judgment dismissing the insured’s claim due to late notice. Global Approach, Inc. v. Scottsdale Ins. Co., 2026 U.S. Dist. LEXIS 120183 (S. D. Fla. June 1, 2026).
Global suffered water damage on September 3, 2021, which originated in the bathroom of one of its…
The Eleventh Circuit found it lacked jurisdiction to consider the insurer’s appeal of a motion to dismiss its declaratory relief action seeking a ruling it had no duty to defend. Northfield Ins. Co. v. North Brook Industries, Inc., 2026 U.S. App. LEXIS 14776 (11th Cir. May 22, 2026).
North Brook Industries, Inc. owned and operated…
The Second Circuit affirmed the district court’s judgment denying the insured’s claim because it was untimely under the policy’s suit limitation provision. Amaro Food Enterprises Inc. v. Liberty Mut. Ins., 2026 U.S. App. LEXIS 14035 (2nd Cir. May 15, 2026).
Amaro submitted a claim to Liberty Mutual for loss of spoiled food in it…
